About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 Robert Timothy Reagan, et al., Injunction against a State Law Singling out One Municipality for a Change in Local Control 1 (2018)

handle is hein.congcourts/fjcislw0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Injunction Against a State Law Singling Out One Municipality for a Change in Local Control City of Greensboro v. Guilford County Board of Elections (Catherine C. Eagles, M.D.N.C. 1:15-cv-559) On July 2, 2015, a state legislature restructured a city council from five members representing districts and three members elected at large to eight members representing districts, and the legislature re- moved control over the structure of city government from this city alone. On July 13, two weeks before the beginning of a candidate fil- ing period, a federal complaint challenged the act, and the district judge determined that the act probably violated equal protection by treating the city differently from all other cities in the state, so the election proceeded according to the original council structure. Fol- lowing a bench trial in 2017, the judge additionally determined that the new district lines unconstitutionally favored one political party. Because no party defended the constitutionality of the legislation, the judge declined the plaintiffs an award of attorney fees. Subject: District lines. Topics: Equal protection; intervention; malapportionment; attorney fees. On July 13, 2015, two weeks before the beginning of a candidate filing period for mayor and city council in Greensboro, North Carolina, the city and six of its citizens filed in the Middle District of North Carolina a federal complaint against the county board of elections challenging a state law enacted on July 2 that, among other things, changed Greensboro's city council from five mem- bers elected from districts and three members elected at large for two-year terms to eight members elected from districts for four-year terms and re- moved from the city future power to amend its form of government in man- ners other municipalities in North Carolina retained.' The same act converted the city council for Trinity from two members each elected from four districts for four-year terms to one member elected from each district plus one member elected at large, all for two-year terms, but the change in Trinity was not at issue in this case.2 With their complaint, the plaintiffs filed a motion for a tem- porary restraining order' and a motion for a preliminary injunction.' 1. Complaint, City of Greensboro v. Guilford Cty. Bd. of Elections, No. 1:15-cv-559 (M.D.N.C. July 13, 2015), D.E. 1; City of Greensboro v. Guilford Cty. Bd. of Elections, 251 F. Supp. 3d 935, 938 (M.D.N.C. 2017); City of Greensboro v. Guilford Cty. Bd. of Elections, 120 F. Supp. 3d 479, 482-85 (M.D.N.C. 2015); see N.C. Sess. Law 2015-138, www.ncleg.net/ EnactedLegislation/SessionLaws/PDF/2015-2016/SL2015-138.pdf; see also Second Amended Complaint, City of Greensboro, No. 1:15-cv-559 (M.D.N.C. Dec. 8,2016), D.E. 109 (adding an additional citizen as a plaintiff); Amended Complaint, id. (Feb. 13, 2016), D.E. 65 (adding an additional citizen as a plaintiff). 2. N.C. Sess. Law 2015-138: City of Greensboro, 120 F. Supp. 3d at 483 n.2. 3. Temporary Restraining Order Motion, City of Greensboro, No. 1:15-cv-559 (M.D.N.C. July 13, 2015), D.E. 3. 4. Preliminary Injunction Motion, id. (July 13, 2015), D.E. 7. Federal Judicial Center 2/7/2018 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most